New Rules Governing Motorcycle Road Guard Certificate and Qualification Requirements
Minnesota Rules, chapter 7422; Parts 7422.0100 - 7422.1200
Summary:
The Minnesota Department of Public Safety (DPS) is considering amending Minnesota Rules by adding a new chapter in order to implement the provisions of the motorcycle road guard certificate law that was enacted in Laws 2012, chapter 287. (See article 3, sec. 27, 43). The rules are needed to establish safety and equipment requirements, curriculum content, and the fee for a person to obtain a motorcycle road guard certificate.
Status of rulemaking:
The adopted new rules for the Motorcycle Road Guard Certification Program were published in the August 4, 2014 State Register, and became law five working days after publication, on August 11, 2014. The final version as certified by the Revisor of Statutes is available on The Office of Revisor of Statutes website.
Road Guard Updates:
Driver and Vehicle Services (DVS) provided a final response to the Office of Administrative Hearings (OAH) on January 14, 2014. OAH provided a Hearing Notice based on DVS’ Final Response on February 20, 2014. On April 2, 2014, the Department received notice of review and approval of provisions proposed by the Department for the motorcycle road guard program, from the Office of the Governor.
Changes required by OAH were completed and certified by the Office of the Revisor, June 19, 2014, and approved in final form by the Administrative Law Judge, July 8, 2014.
The adopted permanent rules are published in the August 4, 2014 State Register. Training for certification as a motorcycle road guard begins the first Saturday in April (April 4, 2015).
Administrative Hearing Exhibits:Exhibit A. Request for Comments published in the State Register, Volume 36, SR 1622, June 25, 2012;
Exhibit B. the petition for rulemaking, if the rule was proposed in response to it (not applicable);
Exhibit C. the proposed rule, including the revisor’s approval;
Exhibit D. the statement of need and reasonableness (SONAR);
Exhibit E. a copy of the certificate communication showing that the agency sent an electronic copy of the SONAR to the Legislative Reference Library;
Exhibit F. the notice of hearing or dual notice as mailed and published in the State Register;
Exhibit G. the certificate of mailing the notice of hearing and certificate and certificate of accuracy of the mailing list;
Exhibit H. a certificate of additional notice if given or a copy of the transmittal letter;
Exhibit I. the written comments on the proposed rules received by the agency during the comment period;
Exhibit J. if the Chief ALJ has authorized the agency to omit from the notice of hearing published in the State Register the text of any proposed rules, a copy of the document authorizing the omission (not applicable);
Exhibit K. any other document or evidence to show compliance with any other law or rule which the agency is required to follow in adopting this rule;
K.1. certificate of mailing the request for comments to legislators and parties on the agency rulemaking list;
K.2. approval by the administrative law judge of the dual notice of hearing and order on review of additional notice plan and dual notice plan
K.3. a copy of the certificate of mailing and dual notice of hearing and sonar to legislators and the legislative coordinating commission
K.4. Minnesota Management and Budget (MMB) approval letter;
K.5. notice of hearing if 25 or more persons request a hearing
K.6. agency authority to adopt rules pursuant to Minnesota Laws, 2012, Chapter 287, Article 3, Section 27, 43
Exhibit L. Equipment required for Road Guards under proposed rules Part 7422.0100, Subpart 16, and Part 7422.1100 Subpart 1-2
Exhibit M. Rule Outline
Exhibit N. Rule parts and balance of the rule
Exhibit O. Advisory Committee Roster
Exhibit P. Advisory Committee Experience Grid
Exhibit Q. Rule Development
Exhibit R. Road Guard Hearing Talking Points - Tribute to the Troops (TTTT)
Exhibit S. Minnesota Law Enforcement Agency Reference List
Exhibit T. Road Guard Hearing Testimony - Richard Martin
Post Hearing Comments:
- Mr. Richard Martin Sr. Comment
- Mr. Jim Woodruff - Tribute To The Troops of Minnesota Comment
- Mr. Donald Drew - Twin Cities Motorcycle Club Comment (Link to video commentary included in document)
- Mr. Robert Beers Comment
- Mr. Donovan McKigney Comment
- Mr. Jim Woodruff Comment
- Mr. Richard Martin Comment
- Mr. Robert Leslie Comment
- Mr. Robert Carroll Comment
- Ms. Carla Tappainer Comment
- Mr. Mark Ceminsky Comment
- Ms. Jean Boe and Mr. David Boe Comment
- Mr. Mark Backlund Comment
- Mr. Jim Woodruff Comment 2
DPS Response to Public Comments
DPS Transmittal Memorandum
Appendices
Document 1 – Bassett Testimony
Document 2 – Ken Johnson Statement, MnDOT
Document 3 – William Shaffer Statement, Office of Traffic Safety
Document 4 – Major Silkey Statement
Document 5 – DPS Hearing Panel Background and Experience
DPS Final Response
Road Guard Final Response Cover Letter
Road Guard Admin Hearing Final Response
Office of Administrative Hearing Notice
Order of the Chief Administrative Law - Judge Tammy L. Pust
Order of the Administrative Law - Judge Eric L. Lipman
